PATENT

PATENT

1. The patent is a property title granted by the government of a country. That gives its owner the right to exploit and avoid modifications to others the manufacture, sale or commercial use of the protected invention.

   • Utility Model Patent
     • It is a title of property that is granted to any new form, configuration or arrangement of elements, of some artifact, tool, instrument, mechanism or other object or of any part thereof, that allows a better or different operation, use or manufacture of the object that incorporates or provides you with some utility, advantage or technical effect that you did not have before.
   • Invention Patent
     • It is a title deed that is granted to any new product or procedure that offers a new way of doing something, or a new technical solution to a problem.
   • Rights of the owner of a Patent
     • You have the right to decide who may or may not use the patented invention during the period in which it is protected.
       • You may grant authorization or a license to third parties to use the invention subject to the conditions established by common agreement.
         • You can sell the right to the invention to a third party, who will become the new patent holder.
   • Where can patent protection be requested in the country?Y
     • The Superintendence of Industry and Commerce is the only national office competent to process and decide the different applications that have to do with Industrial Property, Patents, Industrial Designs and Trademarks. You may submit your request as follows: ELECTRONICLY Through the website: http: //sipi.sic.gov.co/ PHYSICAL WAY- In Bogotá - Carrera 13 No. 27 - 00, SIC If you are outside Bogotá, in the offices of Supersociedades de Cartagena, Cúcuta, Manizales, Medellín, Barranquilla, Bucaramanga and Cali. geographic location
   • The process of granting a patent is framed in the following stages:
     • Form Exam: The request is formally examined (30 business days) to verify compliance with the requirements set forth in the legislation, especially those referred to in articles 26 and 27 of Decision 486. If there is a requirement in a way that is not met, the SIC will require the interested party to complete the missing items within a period of two months, extendable for another two months. If the interested party does not complete the missing elements, the patent application will be considered abandoned. If the application meets the requirements go to the next stage that is the publication.
       • Publication and oppositions: The purpose of the publication is to allow people to find out what they are trying to protect through the application and allow them to present oppositions that attempt to undermine the possibility that the request will become a patent. The applicant must be aware of the possible oppositions presented.
         • Application or request for the patentability test: Within the next 6 months from the date of publication, the interested party must request that it be examined if the invention is patentable. If the patentability test is not requested, the application will be considered abandoned.
           • Background or patentability exam: Within the next six months from the date of publication, the interested party must request that it be examined if the invention is patentable. If the patentability test is not requested, the application will be considered abandoned.
             • Background or patentability exam: The SIC examines whether the invention meets the patentability requirements. If you find that the invention is not patentable or that the application does not meet any of the requirements for the concession, it will require the interested party. If there is a response to the requirement, the application is examined again, if the concept is favorable, the patent is granted unless it is denied.
   • What documents make up a patent application?
     • A form that is called a petition in case of submitting it in physical form or in case of doing it online through SIPI the user registers and enters the required information.
       • Summary.
         • The description of the invention.
           • The claims.
             • Figures or examples.
               • Proof of payment of the established rate (which changes every year),
                 • If presented through a lawyer, the power granted to him must be presented. The power does not need personal presentation, authentication or legalization and may be granted by private document.
                   • If the request is made by a company, it is not necessary to provide the certificate of existence and legal representation of the requesting legal person. The SIC may consult the public records of the Certificates of Existence and Representation of the Chamber of Commerce.
                     • Copy of the assignment contract or the contract under which the assignment is presumed when the applicant is not the inventor, for example: contract for the provision of services or work.
   • Do you have to pay any fee for the procedure?
     • Yes. The following fees must be paid: Fee for submitting the application. (It contains the right to file the first 10 claims). Fee for additional claim (From the eleventh claim). Fee for patentability exam. If you request extensions to respond to any type of request, conversion, merger or division of an application you must pay fees. It should be borne in mind that rates change annually.